Judge Rakoff lets The Intercept's DMCA claim against OpenAI proceed — and dismisses Microsoft
Judge Jed S. Rakoff filed the full opinion explaining his earlier order: The Intercept plausibly alleged OpenAI intentionally removed copyright management information — author names, titles — from its articles while building training datasets, and that removal would facilitate downstream infringement, so the DMCA claim survives dismissal.
Rakoff threw out the related distribution claim against both defendants and dismissed Microsoft entirely, finding the evidence of CMI removal pointed only at OpenAI. The ruling diverges from a Manhattan judge who dismissed similar suits from other news organizations, and it opens the DMCA route for other generative-AI plaintiffs.

WHY IT MATTERS
Copyright and training-data liability is now a per-claim, per-defendant fight rather than an all-or-nothing fair-use ruling. Anyone shipping a model trained on scraped data should track DMCA exposure specifically, not just fair use — and note the timing: the same week an MIT-licensed 671B reasoning model circulated freely with no CMI obligations attached to it at all.
